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Old 19-02-2008, 19:48   #103
MovedGoalPosts
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Re: Virgin Media Ad Deal [Updated: See Post No. 77]

Virgin (phorm) might need to rethink the idea of an opt in or opt out procedure relying on a cookie:

Quote:
Originally Posted by Information Commissioner's Office

Guidance on the Privacy and Electronic
Communications (EC Directive) Regulations 2003
Part 2: Security, confidentiality, traffic and location data,
itemised billing, CLI and directories

2.2 Information to be provided
Cookies or similar devices must not be used unless the subscriber or user of the
relevant terminal equipment:
• is provided with clear and comprehensive information about the purposes
of the storage of, or access to, that information; and
• is given the opportunity to refuse the storage of, or access to, that
information.

The Regulations are not prescriptive about the sort of information that should be
provided, but the text should be sufficiently full and intelligible to allow individuals
to clearly understand the potential consequences of allowing storage and access
to the information collected by the device should they wish to do so. This is
comparable with the transparency requirements of the first data protection
principle (see Legal Guidance paragraph 3.1.7).
There may be different interpretations of the requirement that the user or
subscriber should be 'given the opportunity to refuse' the use of the cookie type
device. At the very least, however, the user or subscriber should be given a clear
choice as to whether or not they wish to allow a service provider to continue to
store information on the terminal in question.
The fact that an 'opportunity to refuse' such storage or access must be provided
imposes a greater obligation on the relevant party than simply making refusal a
possibility. The mechanism by which a subscriber or user may exercise their right
to refuse continued storage should be prominent, intelligible and readily available
to all, not just the most computer literate or technically aware. Where the relevant
information is included in a privacy policy, for example, the policy should be
clearly signposted at least on those pages where a user may enter a website.
The relevant information should appear in the policy in a way that is suitably
prominent and accessible and it should be worded so that all users and
subscribers are able to easily understand and act upon it.
On that basis I can refuse a cookie that stores that I've opted out, because it's storing information on my preference. Similarly I can refuse the opt in cookie.
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